salary is different than the one in Labour Market Opinion

[snoply]

Hi everyone,,,
in end of June 2012 my company submitted my LMO application, and after 2 months they received positive LMO ( my title is Network Computer Engineer )and finally I received my work permit in the end of April 2013. during this time the project that I was signed for got some financial problems due to war in Libya ( the project base is in Libya ) and they had to reduce everyone's salary ( including project managers ), so they had to reduce my salary from $6000.00 to $2500 ( $6000 is the salary written in my LMO ) with a promise of a bonus after the project is done. Now i have been working for this company for a full year ( since May 2013 ) ...I know for sure this drop in my salary will affect the company with service canada , but is this difference in salary will affect my application if i apply for Canadian Experience Class ? does it have to match the salary in my LMO ? if my employer explains the situation to the Immigration will it fix the problem ?
thank you for taking the time to read my problem ...

 

[maniac2403]

Hi everyone,,,
in end of June 2012 my company submitted my LMO application, and after 2 months they received positive LMO ( my title is Network Computer Engineer )and finally I received my work permit in the end of April 2013. during this time the project that I was signed for got some financial problems due to war in Libya ( the project base is in Libya ) and they had to reduce everyone's salary ( including project managers ), so they had to reduce my salary from $6000.00 to $2500 ( $6000 is the salary written in my LMO ) with a promise of a bonus after the project is done. Now i have been working for this company for a full year ( since May 2013 ) ...I know for sure this drop in my salary will affect the company with service canada , but is this difference in salary will affect my application if i apply for Canadian Experience Class ? does it have to match the salary in my LMO ? if my employer explains the situation to the Immigration will it fix the problem ?
thank you for taking the time to read my problem ...

If your employer provides you with a letter explaining the drop in the salary, CPC VO will take that into consideration and it shouldn't have that much of a problem. Is that a monthly salary? Look up working in Canada website for the hourly wages and check against your salary. If monthly, $2500 should be sufficient, albeit hand in mouth living that too barely.

 

[dizon09]

Hi everyone,,,
in end of June 2012 my company submitted my LMO application, and after 2 months they received positive LMO ( my title is Network Computer Engineer )and finally I received my work permit in the end of April 2013. during this time the project that I was signed for got some financial problems due to war in Libya ( the project base is in Libya ) and they had to reduce everyone's salary ( including project managers ), so they had to reduce my salary from $6000.00 to $2500 ( $6000 is the salary written in my LMO ) with a promise of a bonus after the project is done. Now i have been working for this company for a full year ( since May 2013 ) ...I know for sure this drop in my salary will affect the company with service canada , but is this difference in salary will affect my application if i apply for Canadian Experience Class ? does it have to match the salary in my LMO ? if my employer explains the situation to the Immigration will it fix the problem ?
thank you for taking the time to read my problem ...

I have the same problem last year. The LMO rate is higher than the contract.
I emailed our HR and first they said that the contract will prevail. But after I read
a thread here in the forum discussing that "LMO should be consistent with the contract" ,
I raised the issue again to our HR and they corrected the mistake. The LMO rate was followed.
$2500 in Canada won't be enough to pay your monthly expenses specially when tax is deducted.

 

[dizon09]

I have the same problem last year. The LMO rate is higher than the contract.
I emailed our HR and first they said that the contract will prevail. But after I read
a thread here in the forum discussing that "LMO should be consistent with the contract" ,
I raised the issue again to our HR and they corrected the mistake. The LMO rate was followed.
$2500 in Canada won't be enough to pay your monthly expenses specially when tax is deducted.

Please see below thread

Re: LMO salary rate higher than the rate indicated in Contract

« Reply #2 on: January 18, 2013, 12:55:50 pm »

--------------------------------------------------------------------------------

Quote from: dizon09 on January 16, 2013, 01:57:03 pm

Hi,

Will there be issues of concern to be raised if the salary rate indicated on the labor market opinion(LMO)
is slightly higher than the salary rate indicated on the contract?

Thanks.


Do you mean your employer indicated a higher rate of pay on the LMO application (which was confirmed on the LMO decision) as compared to what he's actually paying you? Yes, this is a big problem if HRSDC/Service Canada happen to do an audit on him and find out. The rate indicated on the LMO must be the same as what's actually paid to you.

 

[jes_ON]

Hi everyone,,,
in end of June 2012 my company submitted my LMO application, and after 2 months they received positive LMO ( my title is Network Computer Engineer )and finally I received my work permit in the end of April 2013. during this time the project that I was signed for got some financial problems due to war in Libya ( the project base is in Libya ) and they had to reduce everyone's salary ( including project managers ), so they had to reduce my salary from $6000.00 to $2500 ( $6000 is the salary written in my LMO ) with a promise of a bonus after the project is done. Now i have been working for this company for a full year ( since May 2013 ) ...I know for sure this drop in my salary will affect the company with service canada , but is this difference in salary will affect my application if i apply for Canadian Experience Class ? does it have to match the salary in my LMO ? if my employer explains the situation to the Immigration will it fix the problem ?

First, you don't have to provide a copy of the LMO with your application, and unless there are questions about your application, a VO is unlikely to look it up. But given that your salary is less than half of what was agreed on (and the median wage for the occupation), a VO is likely to have questions. (I am also assuming the stated salary is a monthly salary).

The fact is, unless your employer intends to give you an annual bonus of $42,000, your employer violated the terms of the LMO. And by a very large amount. So the credibility of your skilled work experience is also in doubt. Moreover, I can't imagine a skilled professional agreeing to accept less than half of a promised salary, so from the outside, it looks like possibly you and your employer both were both involved in deceiving HRSDC to get the LMO and work permit (otherwise known as fraud).

Obviously I can't know the facts of the situation, this is just my opinion about how it looks, based on the information you provided. No one here can tell you with any certainty what will happen, you can always just apply and find out. You could get lucky, stranger things have happened, but this is the kind of thing that CIC is looking at more closely nowadays...

 

[snoply]

Thanks Everyone. your comments are very appreciated !!!

 

[dizon09]

Thanks Everyone. your comments are very appreciated !!!

Please don't agree with the 2500 salary, specially if you'll have accompanied family here.
I can send you the monthly expense breakdown here in Toronto.

 

[snoply]

Please don't agree with the 2500 salary, specially if you'll have accompanied family here.
I can send you the monthly expense breakdown here in Toronto.

I wont , i will see how can i get the bonus before the end of the project ... thanks

 

[xbrandon]

Hope Im not intruding....

I just want to know if it is ok for my employer to pay me less than the amount of what is stated in LMO and Contract. They are paying me less since this month because of their financial issues. They actually about to close now but they are nice that they are still keeping me until I get my new work permit with my new employer.

Any advise from seniors and to the people who have experienced the same situation as mine?

Thank you so much

 

[retwant]

Legally, they have to pay you the same amount as stated in LMO and Contract. How long have you worked there both regular salary and discounted salary?

 

[Kiranmayi]

Hi everyone,,,
in end of June 2012 my company submitted my LMO application, and after 2 months they received positive LMO ( my title is Network Computer Engineer )and finally I received my work permit in the end of April 2013. during this time the project that I was signed for got some financial problems due to war in Libya ( the project base is in Libya ) and they had to reduce everyone's salary ( including project managers ), so they had to reduce my salary from $6000.00 to $2500 ( $6000 is the salary written in my LMO ) with a promise of a bonus after the project is done. Now i have been working for this company for a full year ( since May 2013 ) ...I know for sure this drop in my salary will affect the company with service canada , but is this difference in salary will affect my application if i apply for Canadian Experience Class ? does it have to match the salary in my LMO ? if my employer explains the situation to the Immigration will it fix the problem ?
thank you for taking the time to read my problem ...

Bottom line is CIC will not look at your LMO, I even did not hear any one from this forum saying that VO officer was asking for explanation on pay from LMO. VO will only look at Paystubs (In case you provided), T4 and NOA. If these 3 proofs are aligned then you are good. Service Canada also knows this salary conditions are negotiable in different ways in different scenarios.

Is this something VO is asking for explanation?

 

[xbrandon]

I know that legally they should but they are helping me to still remain here in Canada. Otherwise they are going to shutdown the company and I am going to lose my job and i dont want that to happen.

Been working with them for 1 year and 3 months now.

Legally, they have to pay you the same amount as stated in LMO and Contract. How long have you worked there both regular salary and discounted salary?

 

[KevinSong]

I didn't send any LMO related document to CIC for my immigration, and I received a pr card.

hope it would help.